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Don't forget to check if this is actually a legitimate notice from the IRS! There are tons of scams going around. A real notice of deficiency comes as a certified letter and is called a "90-day letter" or "statutory notice of deficiency." It will reference your right to petition the Tax Court. If it's real, you have 90 days to either: 1. File a petition with the Tax Court (don't need to pay first) 2. Pay the tax and file for a refund 3. Contact the IRS to resolve the issues as others have mentioned The RSU issue is super common - the IRS computer just matches what was reported without knowing the basis. For the unemployment, definitely sounds like identity theft.
Thanks for mentioning this! Yes, it is definitely a legitimate notice - came certified mail, has the official letterhead, and specifically mentions the 90-day period to petition the Tax Court. I wish it was a scam, honestly would be less stressful! Do you think I should go directly to Tax Court, or try to resolve it with the IRS first? The RSU issue seems straightforward once I provide the correct basis info, but the unemployment thing has me worried.
I'd definitely try to resolve it directly with the IRS first. Tax Court should be a last resort, especially since your issues seem correctable with proper documentation. The RSU basis correction is routine, and the IRS generally handles these well once you provide the proper information. For the unemployment issue, treat it as identity theft from the start. File the Identity Theft Affidavit (Form 14039) immediately. Also contact the state unemployment office where the benefits were supposedly paid - they may already have a fraud department investigating similar cases. Getting documentation from them stating you never received benefits will be extremely helpful for your IRS response.
When you're prepping your response, make sure your numbers are EXACT. The IRS matching system is very literal. If your 1099-B shows basis of $10,543.27, don't round to $10,543. I made this mistake and it caused my correction to be rejected because the numbers didn't match their records exactly. Also, call your brokerage directly and ask for a corrected/detailed 1099-B that clearly shows the cost basis. Sometimes the initial forms they send don't have all the details the IRS wants to see. Most brokerages deal with this RSU issue constantly and have special documentation they can provide specifically for responding to IRS notices.
That's such a good point about exact numbers! When I had a similar issue, I rounded on one form and it caused weeks of additional back-and-forth. Also worth noting that the broker's "supplemental information" often has basis details that aren't on the main 1099-B. Check all those extra pages they send!
Just a heads up from someone who's been through this - the statute of limitations for filing these refund claims is 3 years from the date you filed your tax return or 2 years from when the tax was paid, whichever is later. So if this was for 2020 and you filed on April 15, 2021, you'd have until April 15, 2024 to submit these forms. Also, keep in mind that the IRS processing times for these claims is currently running about 6-9 months, so file ASAP to get in the queue.
Thanks for pointing this out! Do you happen to know if there's any way to check the status of a refund claim after submitting these forms? I'm worried about it just disappearing into the void.
Unfortunately, there's no online tracker for Form 843 claims like there is for regular tax refunds. The only way to check status is to call the IRS directly (1-800-829-1040), but prepare for a long wait time. What I did was send my forms via certified mail with return receipt so I at least had proof they received it. Then I marked my calendar for 6 months later as a reminder to call if I hadn't heard anything. When you call, have your Social Security number, the tax year, and the approximate date you mailed the forms ready.
Has anyone successfully done this without including a letter from their employer? My situation is exactly like the OP's - employer is completely unresponsive, won't even acknowledge my emails about the incorrect FICA withholding.
I got my FICA refund approved without an employer letter. Instead, I included copies of all my unanswered emails to HR and payroll as evidence that I tried to resolve it with my employer first. I sent about 5 emails over 2 months with no response, and included all of them with my claim. The IRS accepted this as sufficient proof that I attempted to resolve it directly.
Don't forget about SEP IRA or Solo 401k contributions! This is probably the biggest tax hack for self-employed people. You can contribute way more than regular IRAs allow, and it's a dollar-for-dollar reduction in your taxable income. I have a similar setup (one W2 job and some 1099 gigs) and contribute about 20% of my self-employment income to a Solo 401k. Saves me thousands in taxes PLUS I'm actually saving for retirement. Double win.
Wait can you have a Solo 401k if you also have a 401k through your regular employer? I thought there were limits that applied across all accounts?
You absolutely can have both! There are two types of contribution limits: employee contributions (which are shared across all your 401k accounts) and employer contributions (which are separate). Since you're both the employee AND the employer for your self-employment business, you can still make "employer" contributions to your Solo 401k even if you've maxed out your employee contributions at your W2 job. The calculation gets a bit complex, but basically you can contribute around 20% of your net self-employment earnings as the "employer." This is completely separate from whatever your main job's 401k situation is. Many tax professionals don't even mention this strategy, but it's completely legitimate and can dramatically reduce your tax bill while building your retirement savings.
Has anyone tried writing off their car payment as a business expense? My accountant friend says he deducts his entire lease payment because he "sometimes uses it for work" which sounds sketchy af to me.
Your friend is playing with fire. You can only deduct the BUSINESS PERCENTAGE of vehicle expenses, and you need a detailed mileage log to prove it. The IRS specifically targets this area for audits. If he's claiming 100% business use for a personal vehicle, he's practically begging for an audit. And when they find out he's been using it personally too without documentation? Big penalties.
One important thing nobody mentioned - if you had healthcare through the marketplace (Obamacare) during any of those years, make sure you find your Form 1095-A! You absolutely need those to file correctly if you received any premium tax credits. I learned this the hard way when catching up on my unfiled returns. The IRS kept rejecting my returns until I tracked down those forms. You can log into your marketplace account to get copies if you need them.
Thanks for mentioning this! I did have marketplace insurance in 2022 I think. Where exactly do I find those forms if I can't log into my old account?
If you can't access your marketplace account, you can call the marketplace directly at 1-800-318-2596 and request that they resend your 1095-A forms for the years you need. Make sure to have your personal information ready (SSN, DOB, address from that time). Alternatively, you might be able to get the information from the IRS by requesting a tax transcript, though sometimes these forms don't show up completely on the transcript. The best route is definitely going directly through the marketplace if possible.
When you get professional help, make sure you find someone who specializes in unfiled returns! Made a huge mistake of just going to a regular tax preparer who didn't know what they were doing with my unfiled returns. Ended up paying wayyy too much in penalties because they didn't file things in the right order. Should've gone to a tax resolution specialist from the beginning.
How do you find someone who specializes in unfiled returns? Just search for "tax resolution" or is there some specific credential I should look for?
Mary Bates
The key thing nobody's mentioned yet is that you should consider setting up a Coogan account/blocked trust depending on your state laws. Many states require that 15-25% of a child performer's earnings be set aside in a protected account they can access when they turn 18. California, New York, Louisiana, and some other states have these laws. If you don't comply, you could face issues with future contracts or even penalties.
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Reina Salazar
ā¢What happens if we're in a state without those specific laws? We're in Georgia, and I'm not sure if there are similar requirements here. Should we still set something aside for her?
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Mary Bates
ā¢Georgia doesn't have a specific Coogan Law requirement like California or New York. However, it's still a really good idea to set aside some of your child's earnings in a trust or protected account for their future. Even without legal requirements, many parents choose to save a portion of their child's earnings for college or to give them a financial head start when they reach adulthood. You could set up a 529 college savings plan, a custodial account (UTMA/UGMA), or even a standard savings account in your child's name with you as the custodian. Just be aware that if you're working across state lines or with companies based in Coogan Law states, you might still need to comply with their requirements.
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Clay blendedgen
Has anyone had to deal with the "kiddie tax" with child performers? I've heard it can apply to investment income if you put their earnings into savings accounts or investments.
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Ayla Kumar
ā¢Kiddie tax only applies to unearned income (investments, interest, etc), not to the modeling/acting earnings themselves. If you invest your child's earnings and those investments generate more than $2,300 in income (dividends, interest, capital gains), that's when kiddie tax might kick in. In that case, any unearned income over that threshold would be taxed at the parent's higher tax rate.
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